Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-07-21

i MS anu OtneI testimony VIII DTlng tnt
time down between . aud g.
Now as to the perpetrator. We will
show than Van b. Baker was the man
All the facts show that he was present
when the brutal outrage was coo nitted
that his character of conduct and manner
comport with his guilt He feigned great
grief. He made other demonstrations, but
in all he showed no shock, no sorrow, nj
signs OF such emotion as would be natural
He told stories, explained circumstances
but his stories don't hang together, they
contradict. each other.
"All this is in the way Of circumstance
connected with the case that will convincs
you beyond doubt that Van B. Baker was
the murderer.
Now, let me make few remarks about
circumstantial evidence. By direct testi-
mony we mean the evidence of witness
who has the evidence of his own senses
Circumstantial evidence is when certain
facts are detailed and from these a conclu.
sion may be drawn. The only difference
between direct and circumstantial evidence
is that in direct evidence you take the con-
clusions drawn from a fact by a witness
In circumstantial evidence you draw your
own conclusion. Four-fifths of the con-
clusions you draw are upon circumstantial
evidence. There is no reason why the
judgments formed upon it are not as posi-.
tive as those upon direct testimony.
Very generally you contradict positive
proof or circumstantial evidence It's up,
on such evidence as this we rely And we
will weave such chain OF it about the
prisoner as will convince you beyond q
shadow of . doubt that Van Il. Baker is the
guilty man."
Mr.. Brown concluded and Hon. John K
DonehOo arose TO
OUTLINE THE CASE OF THE DEFENSE.
He said:
"You have in your hands the life OF a
man. You are enacting power that pri'
marily belongs to OmnipOtence. 1t is yours
to say that this man must die shameful
death, and should you say so, what then:
Surely this is the time to pause and reflect.
What then? The first result will be this,
the terrible shock, the fearful hustling
from this room the return to his cell, the
chains driven tighter and closer; then would
he heard out in the yard the sound Of car
penters at work; his friends would assem-
BILE to take the last farewell; the hearse
would be drawn up, in it a coffin; a pro-
cessiOn of men would emerge, in their
midst this man; then there
would be the ascent Of the scafiold;
all then that human nature could do
would have been done. The hills would
frown as they looked down and saw
dangling the remains of one who became a
sacrifice to private malice. Seven children
already motherleSs would become orphans
indeed. Not wall will come from them
but what will echo back to you. And the
father and mother of this man bearing
upon their gray heads natures burden OF
three score and ten. How merciful it
would have been to them, if they had
fallen victims to the murderer.
"But these are fanCies.
THIS MAN Is INNOCENT.
Dark and black would be the cloud of
iniamy that would surround yOu if this
man should die, innocent rs he is. You,
gentlemen OF the jury are to stand between
him and his accusers. We care not what
your prejudiCes may have been, we ask
only that you act honestly and fairly with
him.
The crime was remarkable, and what is
still more remarkable was the accusation
brought against this man. 1t is rot cir
cumstantial evidence; il is circumstahtial
dust and cloud, circumstantial froth and
foam. But out of this, what have they
When light is thrown upon
it, see how it will fade away into thin air,
aud like the baseleSs fabric OF vision
leave not wreck behind" As the stone
cut out without hand smOte the brazen
Image OF Nebuchadnezzar it will fall and
crumble in pieces This fabric Of the pros
ecution is built from the head down; 1t Is
weakest at the foundation and will fall.
Now as to
THE CIRCUMSTANCES OF THE CASE.
Il need but refer you to the visit to the
McWha house of Mrs. Brown and Mrs.
1t will be the direct evi-
dence of his innocence. am now led to
observe upon the state OF mind that You
should be in You must presume that he
is innocent You must 20 to- the trial pre-
cisely as If yOu had evidence that he Is IN
nocent. And then the State must re-
move that belief and prove him guilty.
Moreover you cannot rely upon your com
mon sense but law. You must trust to
that before your own judgment. Now
then you are to presume that he Is lnpo-
cent, and if here is single particle OF
bias against the prisoner you have per
iured yourselves You are not prosecu-
tors in this case; you are his friends sitting
there to decide his fate. The principle Of
law is that this man can't be convicted,
unless the evidence removes from your
mind every reasonable doubt. 1t must
exclude every other hypothesis, every sup
position but that of guilt. Therefore If
you can construct reasonable supposition
that he is innocent
YOU MUST CLEAR HIM.
The law rules you in this matter, and
by that YOU must be bound. You are
not then the supreme arbiters of this mans
fate. The law and justice will decide it.
In the State of West Virginia twelve men
can not iudicially hang a man, but it takes
more. II takes seventeen men with law
and justice to do it.
Now word as to circumstantial eyi-
dence. Ii is sometimes stated that it is as
good AS direct evidence. This is foolish.
WHY il il weak and fallible? The men
who swear to the circumstances may lie,
and the inferences drawn may be false.
Thus it is doubly weak and false.
81 was somewhat surprised by the open
ing made in the case, while | have known
that he was innooent yet | thought
that some reason for his guilt would be al
legged. We are told Baker is guilty be
cause he had a motive, ayariee. deny
that they can show any motive in Van
Baker for the commission Of this crime.
The motive and every circumstance point
to Others. He was the only man who
was interested in not having this. crime
committed. How is that? Mrs. McWha
made will; the contents were unknown
to Baker. He stood fortified and fixed in
the property provided the old lady died
first. He could not be deprived Of it.
Now. what are the facts? This is double
murder, and it is in doubt which died
first, therefore the money
WILL NOT GO TO BAKER.
Now you see the situation. The fortune is
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